J C MAY Vs. STATE

JUDGEMENT

(1.) THIS Revision is sought to be filed against the conviction and sentence by the learned' Third Presidency Magistrate, Madras, in M. V. Case No. 901 of 1957.

(2.) THE accused Mr. J. C, May who was driving his car MSZ. 6150 on 14-7-1957 at about 16-1q hours collided against the car MSZ 5070 coining on -his right at the intersection of South Beach Road and Edward Elliots Road, Madras, which is near the Inspector-General of Police's Office.

(3.) THE case for the prosecution as set out by P. W. 2 the driver of MSZ 5070 is; He was driving his car (Hudson) from Edward Elliots Road to St. Thomas Road. At the junction of the road there was the caution board prominently calling upon vehicles to stop, listen and proceed. P. W. 2 accordingly stopped on the Edward Elliots Road at the turning point within about 10 feet of the fountaui and looked up on either side of the main road. MSZ. 6150 was coming at a distance of about 150 yards on P,5v, 2's left. As both sides were thus clear for him, F1w. 2 turned to his right and proceeded on the South Beach Road at a moderate speed. Then he heard a collision sound in his rear. He stopped his car, got down and saw MSZ. 6150 had hit his car and had gone and stopped near the I. G. office gate. P. W. 2's right rear mudguard, bumper, dicky and rear lights had been damaged. In other, words, P. W. 2's case is that by reason of the accused driving at a speed and in a manner dangerous to the public, had brought about the collision and thereby the accused is guilty of driving recklessly or dangerously within the meaning of Section 116 of the Motor Vehicles Aeft IV of 1939 and Section 71 of the Madras City Police Act III of 1s88, which penalises any one who drives any vehicle in a rash or negligent manner in any public place.